News

High Court Trust Judgement

The High Court has recently handed down judgment in the case of Iles v Iles [2012] EWHC 919 (Ch) , a dispute over land in Darlington which came about as a result of an incomplete declaration of trust.

The principal issues in the case were: (i) whether, in the absence of any plan or schedule identifying the land to be held on trust, there was sufficient certainty of subject matter so as to constitute a valid trust; and (ii) if so, whether the defendant’s knowledge of the trust was sufficient for her to be held liable to account for monies generate by the land held on trust.

Finding for the claimant on both issues Mr Justice Briggs, sitting in the Chancery Division, commented on the “difficulty” of the issues raised by the claim. Having rejected the defendant’s evidence as to her state of knowledge, he held that she was liable to account to the claimant for income received under the trust since 2004. A further hearing to determine quantum will be held shortly.